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Dec 07 1951 (HC)

Lalla Ram Vs. Naresh Chand and anr.

Court : Himachal Pradesh

Reported in : AIR1952HP28

ORDERChowdhry, J.C.1. This is a defendant's application for revision of the judgment and decree dated 11-6-1951 of the learned District Judge of Mahasu and Sirmur.2. The plaintiff-respondent filed two suits on one and the same date, 27-9-1950, in the Court of the Subordinate Judge of Solan for recovery of sums of money due as arrears of rent in respect of a shop, one for Rs. 125/- for the period 1-1-1948 to 31-12-1948, and the other for Rs. 500/-for the period 1-1-1949 to 31-12-1950, at Rs. 250/-per annum, on foot of an agreement dated 22-3-1948. The former was registered as suit No. 87/1 and the latter as suit No. 88/1 of 1950 in the Register of Civil Suits of that Court. During the pendency of the two suits the defendants, the tenants of the shop, filed an application before the Controller for determination of fair rent of the shop under Section 4 of the East Punjab Urban Rent Restriction Act (III (3) of 1949), and the suits were stayed. The Controller decided the tenants' aforesaid ...

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Nov 30 1951 (HC)

Munshi Ram and anr. Vs. Raghubir Chand

Court : Himachal Pradesh

Reported in : AIR1952HP60

Chowdhry, J.C.(1) This is a defendants' appeal in which court-tee is payable on Rs. 4,496/5/-. According to the Taxing Officer the fee is payable under the Court-Fees Act (VII (7) of 1870), as amended by the Punjab Court Fees (Amendment) Acts of 1922, 1926 and 1939, and as such there is a deficiency of Rs. 125/-. According to the appellants, the fee is payable under the Court-Fees Act of 1870 without taking into consideration the aforesaid amendments made in the Punjab.(2) In exercise of the powers conferred by Section 4 of the Extra Provincial Jurisdiction Act (XLVII (47) of 1947) the Central Government passed the Himachal Pradesh (Application of Laws) Order, 1948, which came into force on 25-12-1948. The enactments, both Central and Provincial, which were applied to Himachal Pradesh under this Order were specified in the Schedule appended thereto. One of such enactments was the Court-Fees Act (VII (7) of 1870) as amended by the Punjab Court-Fees (Amendment) Acts of 1922, 1926 and 193...

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Nov 20 1951 (HC)

Punjab National Bank Ltd. Vs. A.N. Sen and ors.

Court : Himachal Pradesh

Reported in : (1952)ILLJ371HP

Harnam Singh, J.* * *after stating the facts * * *6. From the record it appears that the representatives of the parties accepted the issues fixed to be sufficient. In the statement of the case. for the employees the interim relief specified hereunder was claimed:150 employees' concerned in the reference have been without job and whether any salaries or allowances since the 17th April and having regard to the fact that the present adjudication having to deal with such a large number of cases is likely to last for a considerable period, the federation prays that the tribunal may be pleased to make tin interim award in regard to pay and allowance of the 150 employees concerned.7. In resisting the claim for the grant of interim relief the bank maintained:It is a question of fact to be decided on evidence produced by the parties whether the 150 persons whose cases are before the tribunal are innocent or are guilty of unpardonable act a of violence, intimidation coercion and victimisation, A...

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Nov 10 1951 (HC)

Chandu and ors. Vs. Kirpa Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1952HP65

Chowdhry, J.C. 1. This is a defendants' first appeal arising out of a suit for partition between members of a Hindu trading family. As this is an appeal which was pending before the Chief Judicial Officer, Simla Hill States, it stood referred to this Court for decision as a Judicial Committee under Section 35 of the State Courts Act, 1943, by the Chief Commissioner Himachal Pradesh by Notification No. J-79-15/48, dated 14-1-1949. 2. The relationship between the parties will appear from the following genealogical table. DEVIDAS | -------------------------------------------------- | | | Pooram Goria Bhibia | | | ------------- -------------------- Jiwanu | | | | | |Durga Dhunda Bali Ram= Gokul Kirpa Ram ----------Defebdant Deceased Mt. Ratni Plaintiff Plaintiff | | window Sohanlal Chandu Plaintiff Defendant. Defendant.3. Two of the present appellants, Chandu and Sohanlal, representing one of the three branches, filed a suit for partition in Section 1998 against the members of the other t...

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Nov 08 1951 (HC)

Lajja Ram Vs. the State

Court : Himachal Pradesh

Reported in : AIR1952HP32

ORDERChowdhry, J.C.1. The petitioner Lajja Ram was convicted by a second Class Magistrate under Section 353, I. P. C. and sentenced to pay a fine of Rs. 50/-. On appeal the District Magistrate altered the offence to one under Section 186, I. P. C. and reduced the fine to Rs. 25/-. He then went up in revision to the Sessions Judge, but the revision was dismissed. The sole point urged before me, as it was before the learned Sessions Judge, was that as there was no complaint in this case as defined in Section 4 (1) (h), Criminal P. C., the District Magistrate had no jurisdiction to convict the petitioner for an offence punishable under Section 186, I. P. C.2. There was a preliminary objection taken by the learned Government Advocate that the revision should be thrown out as being a belated one. It appears from the office report, which is not questioned, that the revision was filed on the 90th day. There is, however, no limitation prescribed for the filing of criminal revisions. Since howe...

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Oct 29 1951 (HC)

Rajendar Lal Vs. Ram Krishna Gupta

Court : Himachal Pradesh

Reported in : AIR1952HP11

Chowdhry, J.C. 1. Shri Ram Krishna Gupta worked as an Advocate's clerk in Simla from 1.937 to 1941, in which year he was permitted by the former Koti State to practice as a Mukhtar. That State and the Bhajji State enrolled him as a Pleader in 1944, and alter the formation of the present State of Himachal Pradesh, arid under the then Legal Practitioners Rules, he was admitted and enrolled by this Court as a Pleader 1st Grade on 3-1-1949. During the material time he was practising at Kasumpti, headquarters of the revenue District of Mahasu, and he is doing so even now. He possesses no law degree and has passed no law examination.2. A client of his, Shri Rajendra Lal, brought five charges of professional misconduct against him, which were entrusted for enquiry to the Registrar of this Court. The Registrar, on foot of oral and documentary evidence produced by the parties, came to the conclusion on 31-8-1951 that none of the charges had been established. Thereafter I heard learned counsel f...

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Oct 29 1951 (HC)

Lal Chand Vs. the Collector of Sirmur and anr.

Court : Himachal Pradesh

Reported in : AIR1952HP16

Chowdhry, J.C. 1. This is an application by one Lal Chand under Article 226 of the Constitution of India for issue of a writ of mandamus, and such other directions as may be necessary, to the Collector of Sirmur and the Assistant Collector of Pachhad District Sirmur (hereinafter referred to as respondents 1 and 2 respectively). The facts of the case, briefly stated, are as follows.2. The petitioner was an employee in the forest department of the ex-Nahan State. On 10th, Poh, Samvat 2004, corresponding to 24-12-1947, the State and the petitioner entered into a contract whereunder the latter was to extract resin and supply the same at a factory on certain terms and conditions, including receipt of commission by the petitioner and bearing of expenses of extraction, collection and delivery of resin at the factory by the Government of the State. The contract was initially for a period of one year but subject to extension thereafter. There is a difference between the parties as to whether it...

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Oct 05 1951 (HC)

Mt. Murtu and ors. Vs. Paras Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1952HP14

Chowdhry, J.C. 1. This is a defendants' application for leave to appeal to the Supreme Court against the judgment of this Court dated May 17, 1951, in second appeal No. 8 of 1951, Paras Ram v. Mst. Murtu and others, whereby the appellate judgment and decree of the District Judge of Mahasu were set aside and those of the trial Court decreeing the suit of the plaintiff-respondent restored.2. The value of the land in suit is admittedly Rs. 10,000/-. It was therefore objected by the learned counsel for the plaintiff-respondent that in view of the provisions of Article 133 of the Constitution of India, which has raised the value of the subject-matter of the dispute from Rs. 10,000/- to Rs. 20,000/-, the petitioners are not entitled to the certificate prayed for. It may be stated here in passing that the judgment of this Court having reversed the decision of the lower appellate Court, the petitioners would be entitled to the certificate as a matter of course without the proposed appeal invol...

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Sep 25 1951 (HC)

Anand Kumar Vs. Fateh Singh

Court : Himachal Pradesh

Reported in : AIR1952HP18

Chowdhry, J.C. 1. This is tenant's application in revision under Article 227 of the Constitution of India against the decision of the appellate authority, the District Judge of Mahasu, under Section 15 of the East Punjab Urban Rent Restriction Act (III of 1949).2. The petitioner occupies a building in Solan known as Badru Khan House, and he applied to the Rent Controller under Section 4 of the Act for determination of its fair rent. Under Sub-section (2) of that section fair rent is determined on the rental value of the building entered in property tax assessment register and prevailing rates of rent in the locality during 1938. Property tax having never been assessed in Solan, the Controller acted only on the other datum. He took into consideration the rent of certain buildings in Solan in the year 1938, particularly the rent of a building known as the Kapoor Lodge, and he came to the conclusion that Rs. 1,200/- per annum should be the basic rent of the building in question. He also a...

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Sep 21 1951 (HC)

Palas Ram Vs. Devi Das and ors.

Court : Himachal Pradesh

Reported in : AIR1952HP9

Chowdhry, J.C. 1. Devi Das, a sonless proprietor, executed a registered sale-deed in respect of some agricultural land in favour of Hari Das for the ostensible consideration of Rs. 4,000/-. On the allegations that the land was ancestral, that he was a reversionary heir of the vendor, that under custom a sonless proprietor is not entitled to alienate his property without the consent of the reversioner, and that the sale was made otherwise than for valuable consideration or legal 'necessity, the plaintiff sued the vendor and the vendee for a declaration that the sale would not affect his reversionary rights after the death of the vendor. In the alternative, he also prayed for recovery of possession of the property by pre-emption. The plaintiff also impleaded as a pro forma defendant one Joban Das as another reversioner.2. The suit was dismissed by the Senior Subordinate Judge of Kasumpti on 28-8-1950, and the plaintiff's appeal was dismissed by the District Judge of Mahasu of Sirmur on 7...

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